Restrictions imposed on the Commonwealth constitution on the law-making powers of the State and Commonwealth parliament Legal

Restrictions on Commonwealth Parliament The restrictions placed on Commonwealth Parliament by the constitution are to ensure that the Commonwealth does not discriminate against a state nor does it obfuscate anyone’s rights in completing a particular action.

Section 99- Commonwealth not to give preference “The Commonwealth shall not, by any law or regulation of trade, commerce, or revenue, give preference to one State or any part thereof over another State or any part thereof.” Section 99 ensures that Commonwealth cannot make any laws in reference to a state or give one state more funding so it has privilege over another.

s.117- Rights of residents in states “A subject of the Queen, resident in any state, shall not be subject in any other State to any disability or discrimination which would not be equally applicable to him if he were a subject of the Queen resident in such other state.” This Ensures that no member of any state does not experience any form of discrimination because of which state they reside in.

s.116- Commonwealth not to legislate in respect to religion “The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth” S.116 prohibits the Commonwealth from making any laws that would impose a restriction on any religion or enforce a religion that becomes mandatory to all citizens

s.80- Trial By Jury “The trial on indictment of any offence against any law of the Commonwealth shall be held in the State where the offence was committed, and if the offence was not committed within any State the trial shall be held at such place or places as the Parliament prescribes.” s.80 ensures that all persons who have committed an offence against the state are to be fairly tried by having access to a jury to hear their trial

Restrictions on State Parliaments Restrictions on the State Parliaments ensure that they do not make any laws in areas of exclusive power as they belong solely to the States.

s. 114- States may not raise forces “A State shall not, without the consent of the Parliament of the Commonwealth, raise or maintain any naval or military force…” This power belongs strictly to the Commonwealth parliament to ensure that naval and military forces are maintained at a national level.

s.115- A state shall not coin money “A state shall not coin money, nor make anything but gold and silver coin a legal tender in payment of debts.” s.115 restricts the States to ensure that there is one consistent source that is provided to use as monetary value.

s.92- Trade with the Commonwealth to be free “On the imposition of uniform duties of customs, trade, commerce, and intercourse among the States, whether by means of internal carriage or ocean navigation, shall be absolutely free.” s.92 prohibits any of the States from creating legislation that requires a fee to be paid in order to trade in that State

s.109- Inconsistency of laws “When a law of a State is inconsistent with a law of the Commonwealth the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.” S.109 concerns the areas of concurrent power, whereby if any state law is inconsistent with a Commonwealth law that law shall be declared invalid